G.Tamizhselvam v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2018

CORAM:

THE HON'BLE Mr. JUSTICE R.SUBBIAH AND THE HON'BLE Mrs. JUSTICE R.THARANI W.P.(MD)No.17937 of 2018 G.Tamizhselvam ... Petitioner Vs.

1.The District Collector, Collectrate Office Campus, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Viralimalai Taluk, Viralimalai, Pudukkottai District.

3.The Authorized Officer, Karnataka Bank Ltd., Sasthri Road, Thillai Nagar, Trichy 620 018.

... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to forbear from all further proceedings of the order passed by the third respondent under Section 13(4) of SARFAESI Act, 2002 dated 21.10.2016 till the disposal of I.A.No.6 of 2018 in S.A.S.R.No.8122 of 2016 pending before the Debts Recovery Tribunal Madurai.

For Petitioner : Mr.V.Santhakumaresan For Respondents : Mr.N.Jeyakumar, AGP for R1 and R2 Mr.S.Venkatesh for R3

ORDER

(Order of the Court was made by R.SUBBIAH,J.) This Writ petition has been filed to issue a Writ of Mandamus, directing the respondents to forbear from all further proceedings of the order passed by the third respondent under Section 13(4) of SARFAESI Act, 2002 dated 21.10.2016 till the https://hcservices.ecourts.gov.in/hcservices/

disposal of I.A.No.6 of 2018 in S.A.S.R.No.8122 of 2016 pending before the Debts Recovery Tribunal, Madurai.

2.Though the Writ petition has been filed for the aforesaid relief, at the time of argument, the learned counsel for the petitioner restricted his prayer to the effect that it is suffice, if a direction is given to the Debts Recovery Tribunal, Madurai to dispose of the application in I.A.No.6 of 2018 in S.A.S.R.No.8122 of 2016 within a time frame.

3.Opposing the same, the learned counsel appearing for third respondent pointed out that this Court by order dated 23.02.2018 in W.P.(MD)No.2210 of 2018 directed the Debts Recovery Tribunal, Madurai, to dispose of the application in I.A.No.6 of 2018 by fixing the time limit. When the Debts Recovery Tribunal took up the case for disposal, the petitioner did not appear. He further submitted that the case is posted on 07.12.2018. 4.Since already a direction has been given to the Debts Recovery Tribunal to dispose of the application in I.A.No.6 of 2018, this Court is not inclined to give further direction to the Debts Recovery Tribunal for disposing the said application. Accordingly, this Writ petition is dismissed. It is open to the petitioner to work out his remedy before the Tribunal by appearing on the said date. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-IV) To 1.The District Collector, Collectrate Office Campus, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Viralimalai Taluk, Viralimalai, Pudukkottai District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 94974 + 1 CC TO Mr.S.VENKATESH, ADVOCATE IN SR No. 94729 + 1 CC TO Mr.V.SANTHA KUMARESAN, ADVOCATE IN SR No. 95094 NBJ TE/PM/SAR-4 : 23/11/2018 : 2P/6C W.P.(MD)No.17937 of 2018 12.11.2018 https://hcservices.ecourts.gov.in/hcservices/